South Australian Consolidated Acts

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LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 15

15—The voters roll

        (1)         The chief executive officer is responsible for the maintenance of a voters roll for the area.

        (2)         Subject to this section, the voters roll must set out in relation to each person, body corporate or group enrolled—

            (a)         the full name of the person, body corporate or group; and

            (b)         in the case of a natural person—the address of the person's place of residence; and

            (c)         the address of the place of residence or rateable property (as the case may be) by virtue of which the person, body corporate or group is entitled to be enrolled; and

            (d)         at the option of the person, body corporate or group—an additional address nominated by the person, body corporate or group (in a manner and form determined by the chief executive officer) for the service of postal voting papers under Part 9; and

            (e)         any prescribed particulars.

        (3)         If the chief executive officer is satisfied that the inclusion on the voters roll of the address of the place of residence of a person or the address of a place of residence or rateable property (as the case may be) by virtue of which a person is entitled to be enrolled would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the voters roll.

        (4)         If the chief executive officer is satisfied that the address of the place of residence of a person entitled to be enrolled to vote is suppressed from a roll under the Electoral Act 1985 , the chief executive officer must also suppress that address from the voters roll.

        (5)         If an area is divided into wards, the voters roll must differentiate the electors enrolled on the roll according to the wards in respect of which they are entitled to vote.

        (6)         The voters roll must be maintained in a form that allows for the roll to be brought into an up-to-date form (including by the merger of enrolment information for the House of Assembly) within three weeks after the supply of relevant information by the Electoral Commissioner under subsection (10).

        (7)         The voters roll must be brought up-to-date whenever an election or poll is to be held so as to reflect entitlements as they exist—

            (a)         in the case of a periodic election—on a day fixed by the returning officer for the close of the roll;

            (b)         in the case of any other election, or a poll—on a day fixed for the close of the roll by the proclamation or notice fixing polling day for the election or poll.

        (8)         A day that falls within the ambit of subsection (7) will be the "closing date" for the roll.

        (9)         The closing date must not be less than—

            (a)         in the case of the closing date under subsection (7)(a)—13 weeks before polling day for the relevant election;

            (b)         in the case of the closing date under subsection (7)(b)—8 weeks before polling day for the relevant election or poll.

        (10)         The Electoral Commissioner must, within seven days after a closing date, supply the chief executive officer with a list of the persons who are, as at the closing date, enrolled as electors for the House of Assembly in respect of a place of residence within the area.

        •         A list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer.

        (11)         If the area of a council is divided into wards, the list supplied under subsection (10) must differentiate the electors according to the wards in relation to which they are enrolled.

        (12)         The Electoral Commissioner is entitled to recover as a debt from a council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this section.

        (13)         The voters roll must be brought up-to-date in accordance with the requirements of subsection (7) within four weeks after the relevant closing date.

        •         A voters roll will be taken to have been brought up-to-date when copies of the roll are available for public inspection and purchase under this section.

        (14)         A council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the council.

        (15)         A person is entitled, on payment of a fee fixed by the council, to a copy of the roll in printed form.

        (16)         The chief executive officer must supply the returning officer with sufficient copies of the voters roll, certified by the chief executive officer, for use at an election or poll.

        (17)         The chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this section and is entitled to assume that such a list is accurate.

        (18)         The validity of a voters roll is not affected by a misdescription or other error in the roll.

        (19)         A voters roll is conclusive evidence of the entitlement of a person, body corporate or group whose name appears in the roll as an elector to vote at an election or poll at which the roll is used. 1

Note—

1         Part 5 is also relevant to determining entitlements to vote.



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